Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1204 (2026)

Unlawful possession of a handgun; exceptions; penalty

✓ current as of July 2026
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(1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.

(2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.

(3) Unlawful possession of a handgun is a Class I misdemeanor.

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 1998–2024 · leading case: In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024).
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In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024). · cites it 6× “See § 28-1204. He argues that any rational trier of fact could not have found the essential elements were met to find Quiotis was unlawfully in possession of a handgun.”
State v. Cory P., 584 N.W.2d 820 (Neb. Ct. App. 1998). · cites it 6× “§ 28-1202 (1) (Reissue 1995); (2) that Cory was under the age of 18 and had possessed a pistol, revolver, or other form of short-barreled hand firearm, in violation of Neb. Rev. Stat. § 28-1204 (1) (Reissue 1995); (3) that he received, retained, or disposed of stolen moveable…”
In re Interest of Tre'Sean W. (Neb. Ct. App. 2021). · cites it 2× “2020), a Class IV felony for a first offense; and Tre’Sean, between February 14 and 17, being a person under the age of 18 years, did possess a handgun, in violation of Neb. Rev. Stat. § 28-1204 (Reissue 2016), a Class I misdemeanor.”
State v. Horton (Neb. Ct. App. 2022). · cites it 2× “§ 28-308 (Reissue 2016); count 10, unlawful possession of a handgun, a Class I misdemeanor, in violation of Neb. Rev. Stat. § 28-1204 (Reissue 2016); counts 11 and 12, use of a firearm to commit a felony, each a Class IC felony, in violation of § 28-1205(1)(c); and counts 13…”
State v. McGhee (Neb. Ct. App. 2023). · cites it 2× “McGhee was adjudicated for carrying a concealed weapon pursuant to Neb. Rev. Stat. § 28-1202 (Cum. Supp. 2022), a Class I misdemeanor, and possession of a handgun by a minor pursuant to Neb.”
— Neb. Rev. Stat. § 28-1204(1) — 2 cases
State v. Cory P., 584 N.W.2d 820 (Neb. Ct. App. 1998). “§ 28-1202 (1) (Reissue 1995); (2) that Cory was under the age of 18 and had possessed a pistol, revolver, or other form of short-barreled hand firearm, in violation of Neb. Rev. Stat. § 28-1204 (1) (Reissue 1995); (3) that he received, retained, or disposed of stolen moveable…”
In re Interest of Quiotis C., 32 Neb. Ct. App. 932 (Neb. Ct. App. 2024). “See § 28-1204. He argues that any rational trier of fact could not have found the essential elements were met to find Quiotis was unlawfully in possession of a handgun.”
— Neb. Rev. Stat. § 28-1204(3) — 1 case
State v. Cory P., 584 N.W.2d 820 (Neb. Ct. App. 1998). “§ 28-1202 (1) (Reissue 1995); (2) that Cory was under the age of 18 and had possessed a pistol, revolver, or other form of short-barreled hand firearm, in violation of Neb. Rev. Stat. § 28-1204 (1) (Reissue 1995); (3) that he received, retained, or disposed of stolen moveable…”
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